Advocacy & Safety - Columbus Road Cyclist Hit By Truck...

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Tsuru
07-19-09, 07:17 PM
Columbus, OH cylist Steve Barbour was hit by a truck on his way to lead a COP ride on Saturday morning. The accident occurred July 18th on Cemetery Rd. just at Norwich in Hilliard, OH. The accident occurred at 6:00 a.m. According to the Hilliard police, the driver of the truck was arrested for Aggravated Vehicular Assault and is presently in jail. (We heard that alcohol might have been involved but I have no current information to confirm that).

http://media.nbc4i.com/wcmh/gfx.php?max_width=300&imgfile=images/uploads/hilliard_bicycle.jpg

Steve was transported to OSU University Hospital where he remains in critical condition. The family has asked that there be no visitors and no calls.

Steve suffered severe head injuries as well as spinal injuries. Right now the major concern are the head injuries. He underwent surgery yesterday to stop the bleeding and reduce the swelling in the brain. He is presently unconscious. The doctors told Mrs. Barbour, Steve's mom, that the next 72 hours are critical. They won't know how extensive the damage is until the swelling is reduced.


* NBC WCMH-TV accident report *


HILLIARD, Ohio – The Hilliard Police are currently investigating a serious crash between a bicyclist and a truck. Police tell NBC 4, preliminary reports show both the bicyclist and truck were both going westbound at the time of the accident at Cemetery Road and Norwich Street. The cyclist was taken to OSU Main in critical condition. The intersection will be closed until the investigation is complete.

http://www.nbc4i.com/cmh/news/local/article/hilliard_police_investigating_serious_accident/19494/


.......

He's a Westerville Bicycle Club member and ride leader, apparently he is still in very critical condition with injuries to the left and right sides of his brain. It looks like he has also sustained damage to some vertebrae, he is in a coma and has had surgery in an attempt to stop the bleeding in his brain.

I don't know him personally, but have probably most likely been on a few rides with him. Based on the comments on the news link, he rides his commutes full decked in fluorescent vest, mirrors, the works.

I don't know, I guess the reason I started the thread is just to say, be careful out there. Odds are he was just doing his ride over on his side of the road in his few feet and some truck barreled right into him. He does everything right and gets hit.

If the truck was at fault, and my money says yes, I just hope they go after his ass....


Mash Master
07-19-09, 09:49 PM
please keep us updated, prayers to the get well gods....

Overwhelming
07-19-09, 10:15 PM
Best of luck to him, that is horrible.


mattcatt85
07-20-09, 12:18 AM
I googled the Hoosua character who is pushing the legalization of riding on the sidewalk. I only wanted to see if he had pearls of wisdom on other subjects. I instead found his myspace page. http://www.myspace.com/hossua34

He's in law school. God help us all.

Tsuru
07-20-09, 03:21 AM
Unreal, the logic is "there are no cars on the sidewalk".... they forget that at every curb, you are either at a cross-street or a driveway, where there are cars, that can't see you, that you can't react too. That's IF there are sidewalks!

Can you imagine if we HAD to ride on sidewalks?

politicalgeek
07-20-09, 05:31 AM
There are two local threads on this at the moment:

Yay Bikes!
(http://yaybikes.com/transitional/viewtopic.php?t=1621&highlight=)

Columbus Underground (http://www.columbusunderground.com/forums/topic/hilliard-crash)

as well the update from NBC4 (http://www.nbc4i.com/cmh/news/local/article/names_details_released_from_hilliard_bike_accident/19524/):


Hilliard police say a pick-up driver caused an accident that seriously injured a Columbus biker early Saturday morning. Edward S. Miller, 28, of Newark is charged with Aggravated Vehicular Assault, a third degree felony in the mishap. He was the driver of a pick-up that hit Steven Barbour, 51, while both vehicles were in the area of 5079 Cemetery Road early Saturday morning. Barbour suffered serious head injuries and was taken into surgery at OSU main. He was listed in critical condition upon admission. Miller is in the Franklin County jail while the investigation continues.

MissKristen
07-20-09, 06:46 AM
Ugh... this is one of those things where you know it happens, but it doesn't really hit home until it's in your backyard. How horrible.

John E
07-20-09, 08:45 AM
From the photo, it appears that Mr. Barbour was taking the narrow left through lane, in proper vehicular fashion if he did not intend to turn right, for which a separate dedicated lane was provided. The motorist's judgment reportedly may have been impaired by alcohol, but he also may have been road raging against the concept of destination appropriate lateral positioning that many of us, myself included, consistently practice. Couple an attempt to "scare" or "brush back" a vehicular bicyclist with an error in speed or distance judgment, and one has a recipe for disaster. In any event, we can only hope that the judge throws the book at Mr. Miller and that Mr. Barbour's physical fitness helps pull him through a long and arduous recovery process. Steve, all of us are rooting for you!

Do any of you locals know the speed limit on that particular stretch of road or have any other information on the intersection they were approaching? Under Ohio law, what constitutes Aggravated Vehicular Assault?

Tsuru
07-20-09, 09:19 AM
Not 100% of the limit over there (though I've ridden over there, it's probably 35/45 mph, unless it's residentual) or the levels of assault in Cbus, but I AM well aware of that situation where you approach a turn lane but are continuing forward. It can be quite hairy. Had a woman yell at me when I didn't take the turn lane ONTO A HIGHWAY..... wow.

The WBC is filled with super safety conscious older riders, like Steve, tons of Freds, vs race-wannabe clubs.... I have no doubt Steve was probably being 1000% legal in his actions. Honestly, unless it was a complete accident, I really hope they nail this guy.

John C. Ratliff
07-20-09, 09:54 AM
From having investigated a number of accidents (mostly industrial), I know that it is very difficult to make any judgements based upon a photo such as this. We probably don't have the bicycle in its original position, and don't know where the pickup truck was located, so let's be careful about surmising anything until we know a lot more.

I wish Steve Barbour the best in what will be a very long and difficult recovery. I also hope that the judge/jury throws the book at this guy if the initial reports coming from the authorities show he was at fault and alcohol was involved.

John

politicalgeek
07-20-09, 02:41 PM
If any of the CMH cyclists remember back to the Tracy Corbin case on Alum Creek Drive, Columbus police spent several months investigating and charged the driver following the investigation months later. The resulting charge was a misdemeanor Vehicular Homicide.

I am very curious to see what resulted in the on scene arrest and higher, felony charge.

Map of where NBC is reporting the crash site.
(http://maps.google.com/maps/ms?hl=en&safe=off&client=safari&ie=UTF8&fb=1&split=1&gl=us&ei=HNZkSrzdMYK4Ne212Z8M&msa=0&msid=101263960219499677790.00046f2926057dcd6cafd&ll=40.030235,-83.151376&spn=0.001618,0.003484&t=h&z=19)

Anyone have an update on Steve's condition?

Tsuru
07-20-09, 02:53 PM
I've ridden over there a couple times I think, can't remember the conditions. Alcohol or not, I'd bet it was Steve going west and the truck heading to the turn lane (on purpose or not) and hitting him.


I googled the Hoosua character who is pushing the legalization of riding on the sidewalk. I only wanted to see if he had pearls of wisdom on other subjects. I instead found his myspace page. http://www.myspace.com/hossua34

He's in law school. God help us all.

On my commute in, once I hit about mile 7 (of 20) there were no more sidewalks. I kinda ranted on it today at tsururadio.com, probably incoherently, but man.... what am I to do, ride in the grass??

I'm trying to imagine riding north on Broad St on the sidewalks heading into downtown on my commute in about an hour or so. No way, man! So many cars jetting in and out of the side streets, the people all over the sidewalks?? Ugh.

Tsuru
07-21-09, 05:26 AM
One of the WBC visited Steve and family last night and they did confirm that the driver of the pick up that hit Steve was intoxicated. Saturday morning, on your way to a ride, and some drunk piles into you........ man.

politicalgeek
07-21-09, 05:31 AM
IF I am reading things correctly the AVA charge can be applied if the driver was @ .16 or higher for BAC.

Tsuru
07-21-09, 02:47 PM
"from the family ..............that today is the day to talk to Steve as they may need to make a family decision today or tomorrow."

No one's said if he's conscious or anything, but judging from that email, I think you can determine his state.

Just horrible.

Mr IGH
07-21-09, 04:21 PM
Praying for the family and Steve.

John E
07-21-09, 06:55 PM
Please keep us posted. From everything I have read, Steve is the sort of person I would have enjoyed meeting and befriending.

Tsuru
07-21-09, 07:02 PM
Will do.... It's just such a frustrating situation...

politicalgeek
07-22-09, 09:31 AM
NBC 4 here in Columbus has updated. Steve has passed on following the collision.

More Here (http://tinyurl.com/ko8dj5)

Tsuru
07-22-09, 09:36 AM
NBC 4 here in Columbus has updated. Steve has passed on following the collision.

More Here (http://tinyurl.com/ko8dj5)

oh man........... If that guy was under the influence, they better bump this up to murder.

politicalgeek
07-22-09, 09:39 AM
I'm not a legal expert, so I have no idea where this goes from here.

I've butted heads with local cyclists here in the past over how to treat these cases. Usually it happens to be a tragedy of circumstances in which no malicious intent was present. I'm biased towards the cyclists, of course, but have never really seen the need for reactive punishment.

This is without a doubt a case where the ******* needs to rot in jail.

Tsuru
07-22-09, 09:47 AM
Hopefully, if a DUI is involved, it will push it up to a something really serious, jail wise. Drunk on a Saturday morning???? Driving a truck and killing a cyclists???

Damn.....

politicalgeek
07-22-09, 09:53 AM
Drunk on a Saturday morning at like 6 am...

paktinat
07-22-09, 10:05 AM
I'm not a legal expert either, but you can't charge someone with murder unless they were intentionally trying to kill the other person.
I'm hopping this comes out with a vehicular homicide charge. It would be nice to see manslaughter, but that would be hard to prosecute.

This is quite sad.

politicalgeek
07-22-09, 10:06 AM
Vehicular Homicide is a lesser charge, if I am not mistaken.

The AVA is a felony charge.

Tsuru
07-22-09, 10:09 AM
Good then.... whatever it is, I hope he rots.

paktinat
07-22-09, 10:28 AM
Vehicular Homicide is a lesser charge, if I am not mistaken.

The AVA is a felony charge.

I thought AVH could go 1st degree felony when coupled with OVI, and AVA was 2nd at the highest, but IANAL and I've not had enough coffee for the ORC to make sense.

brotherj
07-22-09, 06:29 PM
It came over the radio on my ride home that Steve died of injuries received on Saturday. The motorist a 28 year old east side resident is being held. Alcohol was apparently involved.

The Octopus
07-22-09, 06:38 PM
I knew Steve and had ridden with him a number of times. He was a leader in our local recreational riding group and was also a member of Ohio Randonneurs (http://www.ohiorand.org/) -- a club that considers 125 miles a "short" ride. Steve routinely rode to and from all of the recreational rides he did. The last time I rode with him was this spring on a very hilly 300K where he tacked on another few dozen miles to ride to and from the start. All in one day, of course. Steve was an incredibly experienced, safe, and consciencious cyclist. He was one of the good guys. His loss is tragic to his family and to our cycling community here in Central Ohio. What a sad day.

Tsuru
07-22-09, 07:00 PM
Man......


Sorry TO.


Didn't know he was a Randonneur as well.... I was hoping to join up with that next year. Cycling really lost a special person.

politicalgeek
07-22-09, 08:14 PM
Dispatch has updated (http://tinyurl.com/maaqd8), Gabe Spiegel-local news anchor for channels 6 and 28-was a passenger in the truck

Tsuru
07-23-09, 04:46 AM
Holy crap.... how did THAT bit of info get held out for so long?

politicalgeek
07-23-09, 05:39 AM
No clue. He volunteers with D.A.R.E, according to bio on WSYX. And it begs the "friends don't let friends drive drunk" question.

dobber
07-23-09, 06:27 AM
he also may have been road raging against the concept of destination appropriate lateral positioning that many of us, myself included


You're ****tin me, right?

genec
07-23-09, 06:31 AM
From the photo, it appears that Mr. Barbour was taking the narrow left through lane, in proper vehicular fashion if he did not intend to turn right, for which a separate dedicated lane was provided. The motorist's judgment reportedly may have been impaired by alcohol, but he also may have been road raging against the concept of destination appropriate lateral positioning that many of us, myself included, consistently practice. Couple an attempt to "scare" or "brush back" a vehicular bicyclist with an error in speed or distance judgment, and one has a recipe for disaster. In any event, we can only hope that the judge throws the book at Mr. Miller and that Mr. Barbour's physical fitness helps pull him through a long and arduous recovery process. Steve, all of us are rooting for you!

Do any of you locals know the speed limit on that particular stretch of road or have any other information on the intersection they were approaching? Under Ohio law, what constitutes Aggravated Vehicular Assault?

According to a comment on in the local paper the speed limit is 35MPH lowering to 25MPH just a bit up the road.

Rather than a "brush back" move, I wonder if this isn't simply a case of "drunk attraction" due to blinkies flashing on the bike?

Tsuru
07-23-09, 06:46 AM
No clue. He volunteers with D.A.R.E, according to bio on WSYX. And it begs the "friends don't let friends drive drunk" question.

Well, since he's a local "celebrity", I'm surprised more hasn't been made of this. Driving with a guy at 6am who had been drinking at some point, and you are an eye-witness?

politicalgeek
07-23-09, 06:46 AM
According to the Advocate, the driver was moving from the left lane to the right.

Tsuru
07-23-09, 06:56 AM
According to the Advocate, the driver was moving from the left lane to the right.

I think the local cycling community like Consider Biking and what not are going to not let his death just be another stat, I think they will be using this as a spring board for safety initiatives and bike lanes, etc... .which is great!

Steve was a bigger part of the cycling community than I or probably most realized, WBC, COP, Randonneurs, and probably much more... I hope we can all rally for him.

politicalgeek
07-23-09, 07:22 AM
I know from the part of the cycling community I am working with there are some good things happening.

Tsuru
07-23-09, 07:30 AM
I think Consider Biking is really going to make a go at something soon.

The Octopus
07-23-09, 09:32 PM
Funeral arrangements for Steve:

Visitation is Sunday 7/26 from 4-7PM at Schoedinger Funeral Home, 1740 Zollenger Rd., Columbus, OH 43221. Phone is 614/457-5481.

The funeral is Monday 10 AM Greek Orthodox Church, 555 N High St (at Goodale Ave), Columbus, OH 43215.

There is a mass ride forming from Westgate Park to the Funeral Home on Sunday afternoon, departing at 4PM from the Parkside Ave parking area (near Sylvan Ave) Here's a Google Map link:
http://maps.google.com/maps?q=39.944095,-83.086231&sll=39.941594,-83.090672&sspn=0.011204,0.027788&hl=en&ie=UTF8&ll=39.943601,-83.090672&spn=0.011203,0.027788&z=16&iwloc=A.

politicalgeek
07-27-09, 05:38 AM
The Dispatch ran a story today on yesterday's ride in Steve's honor.


Carla Garver is an admittedly slow bike rider, and she always appreciated when Steven Barbour would hold back and ride at her pace.
"He was a good ride leader and generous enough to stay back with the slower people," she said.

It was that generous and loving attitude that led about 60 cyclists to pedal the 7-mile trek yesterday from Westgate Park on the Hilltop to Schoedinger Funeral & Cremation Service's Northwest Chapel in Upper Arlington for Barbour's calling hours.

More Here (http://tinyurl.com/n9866h)

Tsuru
07-27-09, 08:43 AM
Very nice...

I actually led a ride yestermorning for the WBC, not sure how good a ride leader I was, but the route was great. I think people were happy to get out and ride with Steve in their thoughts, the "keep on riding" feeling.

Such a shame about his death.

I think Consider Biking was looking to use Steve's death as a catapult for pro-cycling initiatives in the city, but it looks like, more and more, this isn't really a "cycling accident" as it is a drunk driver accident involving a cyclist. You hope some good can come out of a tragic loss, but in the end, it looks like it's just another horrible death caused by a drunk idiot.

politicalgeek
07-28-09, 08:13 PM
Some 50 cyclists, according to the Columbus Dispatch, showed up for the preliminary hearing. Courtroom was standing room only. The current judge asked for a show of hands for how many cyclists were in the room, asked them to step out with him and said:



"I am now a cyclist with two wheels and a very large engine," he said. "One of my biggest fears is being struck by a motorist, intoxicated or otherwise.

"We were not there, so even in Mr. Miller's case he is presumed innocent until proven guilty. I know you loved him (Barbour), and you want to see justice served. Be patient. Let the system takes its course."

More Here (http://dispatch.com/live/content/local_news/stories/2009/07/28/miller.html?sid=101)

Dispatch is listing the charge as AVA and not the Aggravated Vehicular Homicide that the Hilliard PD have listed on the report. I may be wrong, and someone with a legal mind can correct me, I imagine this is due to his initial arrest on scene for the AVA?

unterhausen
07-29-09, 10:23 AM
He tried to use the "he swerved" defense. Police were having none of it.

bellweatherman
07-29-09, 08:51 PM
This is just awful. I don't understand why laws against drunk drivers aren't harsher. There was someone that posted a stat on here awhile ago that showed that the vast majority of cycling and pedestrian related deaths involved the driver being intoxicated.

CaseLawZ28
07-29-09, 09:02 PM
I'm not a legal expert either, but you can't charge someone with murder unless they were intentionally trying to kill the other person.

Depends on the state. Some states allow a murder charge where there wasn't premeditated intentional killing; usually designated 2nd degree murder (although not every 2nd degree murder violation in every state is the same definition).

Tsuru
07-30-09, 04:00 AM
This is just awful. I don't understand why laws against drunk drivers aren't harsher. There was someone that posted a stat on here awhile ago that showed that the vast majority of cycling and pedestrian related deaths involved the driver being intoxicated.

Add in mobile phone usage (talking, but especially texting), and I wonder what those stats are...

Tsuru
08-12-09, 05:53 PM
http://www.10tv.com/live/content/local/stories/2009/08/12/story_driver_charged.html?type=rss&cat=&sid=102

COLUMBUS, Ohio — A Franklin County grand jury indicted a man this week in connection with last month's crash that killed a bicyclist on a Hilliard street.

Edward Miller was charged with four counts, including felony charges of aggravated vehicular homicide and driving under the influence, according to the Franklin County prosecutor's office.

Police said that Miller, 28, was driving a pickup along Cemetery Road on July 18 at about 6 a.m. when the bicyclist, Steve Barbour, was struck.

Barbour, 58, died four days later, 10TV News reported.

Miller works at a deputy clerk of courts in Licking County. Police said that his blood-alcohol level was .10, above Ohio's legal limit.

Barbour retired last year from the Ohio Department of Transportation where he was a traffic engineer, 10TV News reported.

Miller's arraignment will be determined by the court next week.

Watch 10TV News and refresh 10TV.com for continuing coverage.

CB HI
08-12-09, 07:33 PM
That is a good first step.